Civil Remedies › Election & Politics Law

New Justice Department's FIRREA Cases Against Banks: Holding The Victim Responsible

The government’s ever-evolving response to the United States financial crisis has come full circle, as civil Justice Department Attorneys seek to rely on legislation enacted to protect financial institutions from fraud to sue...more

Revisions to CHRO-Related Statutes Under Consideration Include Damages for Emotional Distress

Whenever someone tells you that a proposed bill “clarifies” something or “simplifies” existing law, you should view such talk with a dose of healthy skepticism....more

Reforming Proposition 65: Governor’s “Update” Is a Promising Start

Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread...more

Sheriff Joe Costs Maricopa County Another $1.4M in Lawsuits

An Arizona developer has settled a lawsuit against Maricopa Country, Arizona Sheriff Joe Arpaio and former County Attorney Andrew Thomas for $1.4 million. Conley Wolfswinkel had filed suit after his office was publicly...more

Disabled Americans for Firearms Rights, LLC et al v. Dannel P. Malloy, Governor

Complaint for Declaratory Judgment and Injunctive Relief

Scott Ennis of New London, CT and his group Disabled Americans for Firearms Rights, have filed the first legal challenge against CT's newly enacted gun law. This action for declaratory judgment and injunctive relief asks...more

Update on CA case challenging Mr. Cordray’s appointment

We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward...more

Medical Malpractice Reform Being Considered In Georgia

Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They...more

Does The Victims Of Corporate Fraud Compensation Fund Deny Due Process?

In notorious defiance of the California Constitution, the legislature in 2002 established the Victims of Corporate Fraud Compensation Fund. See Victims of Corporate Fraud. The purpose of the fund is to provide ”restitution to...more

Trial Lawyers Fight Anti-Consumer Lobbies on Tort Reform

The American Association of Justice (formerly the Association of Trial Lawyers of America) has launched a new campaign to educate consumers about their rights to bring civil suits to redress wrongs including medical...more

Construction Newsletter -- November 2012: New California Law Reforms Disability Access Litigation

On September 19, 2012, Gov. Jerry Brown signed into law Senate Bill 1186, aiming to help California business owners guard against costly, predatory lawsuits filed under the Americans with Disabilities Act (ADA) and...more

Legal Alert: Congress Approves Legislation Expanding Federal Whistleblower Protection Act

Executive Summary: On November 14, 2012, the Senate passed the Whistleblower Protection Enhancement Act (WPEA) of 2012. The House previously approved the Act, and President Obama is expected to sign it into law. The Act...more

Does the Communications Decency Act Protect Human Trafficking?

The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at...more

Florida Attorney General Announces Plan to Distribute $300,000,000 in Foreclosure Settlement Proceeds: News Release of the Week

A few weeks ago, we discussed the fight between Florida Attorney General Pam Bondi and the Florida Legislature over $334,000,000 that came to Florida as part of its settlement deal with the five Big Banks in the national...more

Court Provides SLAPP Relief - But Not Enough

In 2010, Ontario's Anti-SLAPP Advisory Panel released released its Report to the Attorney-General. (A "SLAPP" is a "Strategic Lawsuit Against Public Participation" - a lawsuit intended to silence criticism by employing a...more

You Should Know - October 2012

2012 Voter’ s Guide to State Judicial Elections - Flood of Money, Negative Ads Threaten Right to Fair Trial Three darkly silhouetted “murderers” describe their gruesome crimes, and then tell viewers that “Judge Thomas...more

A Bad Bill Becomes Law When There Is More Interest In Enacting A Fix Than Fixing the Problem

In 2002, the Legislature enacted AB 55 creating the victims of corporate fraud fund. Since the fund was created, it has collected about $15 million and nearly 800 claims have been submitted. In a devastating article...more

Eighth Circuit Questions Minnesota Reporting Requirements for Independent Expenditures

In a split decision, the full Eighth Circuit Court of Appeals reversed a Minnesota District Court’s denial of a motion for a preliminary injunction, noting that the appellants, Minnesota business entities, are likely to...more

TX Attempt at Medical Malpractice Tort Reform Fails

Since 2003, Texas has enforced a strict cap on damages awarded through medical malpractice cases. Texas is one example of how tort reforms hurt the public and strengthen the insurance industry. A recent report on the changes...more

Proposed Bill Would Provide Immunity for New Jersey Rescue Squads

Proposed Bill Would Provide Immunity for New Jersey Rescue Squads by CJ Griffin on August 28, 2012 A bill introduced in the New Jersey Senate would overrule a recent court ruling regarding the liability of New Jersey...more

The Enduring Myth of Medical Malpractice Reform

Sometimes it seems like the drive to control the amount of damages awarded for medical malpractice is on some kind of political message loop. Often called “tort reform,” it frequently is fodder in election campaigns, and is...more

Access to Abortion Services Blocked or Limited by State Laws

A federal judge has indefinitely extended his injunction of a new Mississippi law that requires abortion clinic physicians to be board-certified OB-GYNs and to have patient-admitting privileges at nearby hospitals. The law...more

You Should Know - July 2012

In This Issue: - Power Kept in Check - 5 Myths that Trick Americans - Conservative Opposes Tort Reform Excerpt from: Protect Your Seventh Amendment Rights - Our Constitutional Liberties Are Threatened by...more

Special Alert: California Legislature Approves Key Parts of State’s “Homeowner Bill of Rights”

On July 2, the California State Legislature passed AB 278 and SB 900 (“the Bills”), two substantively identical pieces of legislation that implement significant portions of the “Homeowner Bill of Rights” initiative announced...more

Bill That Could Nullify Howell Moves Forward

California trial lawyers have made no secret of their intent to nullify the Howell v. Hamilton Meats & Provisions, Inc. decision with new legislation this year. If Howell is nullified or restricted by legislation this...more

Some Important Bills To Watch Tomorrow

Tomorrow, the Assembly Judiciary Committee will hear several important bills that passed out of the Senate: - SB 323 (Vargas) - This bill would enact the California Revised Uniform Limited Liability Company Act to...more